ABA Family Legal Guide

Renting Residential Property

Maintaining Rental Property

What is an express warranty of habitability?

An express warranty of habitability is a written provision in a lease in which the landlord promises to make a specified repair or maintain a specified condition.

When the tenant signs a lease, he or she should make sure it lists all repairs that are needed now and contains a clause by which the landlord agrees to make future repairs when needed. Then, if the landlord fails to maintain the premises up to the express standard written into the lease, the landlord would be breaching the contract in not making repairs. The tenant could then sue the landlord for specific performance (a court order compelling the landlord to make the repairs) or for money damages for the breach.